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HomeMy WebLinkAbout20200632 Ver 1_Wet Pond O&M_20200519ID#* 20200632 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 05/19/2020 Mitigation Project Submittal - 5/19/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r" Stream r- Wetlands r` Buffer V Nutrient Offset (Select all that apply) Project Contact Information Company/Owner:* McAdams Contact Name:* Rebecca Stubbs Project Information Project Type: r DMS r Mitigation Bank Project Name: 2020-0632 County: Wilson Document Information Email Address:* rstubbs@mcadamsco.com Mitigation Document Type:* Mitigation Bank Information File Upload: Wet Pond O&M.pdf 184.93KB Rease upload only one RDF of the corrplete file that needs to be subrritted... Signature Print Name:* Rebecca Stubbs Signature:* Page 1 of 10 This agreement, made and entered into this ______ day of ________, 20____, by and between the City of Wilson, a political Municipality of the State of North Carolina (the “City”) and the North Carolina Department of Environmental Quality (NC DEQ) for the purposes of upholding nutrient credits as provided by the stormwater control measure (SCM), (the “Facility”), to be maintained; WITNESSETH: Whereas, the City has adopted through the City Unified Development Ordinance certain stormwater management regulations applicable to the property located in the City of Wilson, North Carolina known as “Merrimont Park” (“the Property”), recorded in Plat Book __________, Page _________, Wilson County Registry; and Whereas, such regulations, including but not limited to the City of Wilson Unified Development Ordinance, Section 12, Erosion, Flood, Stormwater and Watershed Provisions, require the City to operate and maintain the Facility to provide storage treatment of stormwater runoff as part of the development of the Property; and Whereas, the City has constructed an on-site stormwater control structure to satisfy the requirements of such regulations, the boundaries and general description of such Facility being described in Appendix A attached hereto and incorporated herein by reference; and Whereas, the City is the Owner of the Facility; and Whereas, as a condition of the credit generated by the Property, the City is required to operate and maintain the Facility in perpetuity in a manner that accomplishes the stormwater control and treatment intended, including but not limited to ongoing nutrient reduction, and to enter into an agreement with NC DEQ securing that commitment; Now, therefore, for and in consideration of the premises and the approval by NC DEQ of the nutrient credits generated by the Property, the City does herby covenant and agree with NC DEQ that the Property and Facility shall be held, operated, maintained, and encumbered pursuant to the covenants and conditions hereinafter set forth; 1. No conveyance of Facility without new Agreement. The City covenants and agrees that it will not convey, transfer, assign, lease or otherwise release or relinquish ownership or control of the Facility, in whole or in part, unless and until the proposed new owner of the Facility, or any interest therein, has entered into a SCM Operation and Maintenance Agreement with the City containing substantially the same terms and conditions as this Agreement. Page 2 of 10 2. Property Obligated. A legal description of all the property which is obligated to maintain the Facility is attached hereto as Appendix A. All owners of each lot or parcel therein (or the sole owner if there is but one parcel) at the time the obligation hereunder arises shall be ultimately responsible for the compliance with the terms, conditions and obligations of the Agreement. 3. Operation and Maintenance. The City shall operate, maintain, repair, and, if necessary, reconstruct the Facility in accordance with the provisions below: a. Maintenance of the Facility shall be at least in accordance with instructions for all SCMs and specifically, wet ponds, as described in the current NC DEQ Stormwater Design Manual and as specified in the Operation and Maintenance Plan, Appendix B. At minimum, maintenance activities shall conform to the guidelines contained therein, and shall maintain the Facility as designed for optimal functioning. For the project named herein, the specific SCM is described in Appendix A. b. An Annual SCM Certification shall be submitted by the City and approved by NC DEQ, according to this Agreement. Annually, on or before August 15, the City shall submit to the NC DEQ a certification, sealed by a registered Professional Engineer, that the Facility is functioning as intended, plus a certification by the person or entity responsible for maintenance that (1) the specific maintenance activities have occurred, (2) all nonroutine maintenance has been listed and (3) that the Operation and Maintenance Plan is adequate to ensure optimal functioning or that changes are recommended. c. A notarized Operation and Maintenance Plan, Appendix B, shall be signed by the City and submitted to NC DEQ prior to approval of this agreement. Changes to the Operation and Maintenance Plan shall be submitted with the SCM Certification, if required to maintain optimal functioning of the SCM or to remain in compliance with the maintenance recommendations of the Manual. Proposed changes to the Operation and Maintenance Plan are subject to approval by NC DEQ. Additional information may be required for reporting purposes, as directed by NC DEQ or designee. d. Landscaping of the area around the Facility shall not reduce the capacity or hinder operation and maintenance of the Facility. Landscaping shall be maintained to ensure that landscape materials live and prosper. Re-vegetation and stabilization of areas may be required by NC DEQ or designee. e. The Facility shall be maintained in a manner so as to control insects, odors and algae as determined necessary by NC DEQ or designee. f. Any fencing or other security measures shall be maintained in good condition. If no fencing or security measures were included with original construction, they shall be added at the City’s expense at such time as NC DEQ or designee determines that unauthorized persons are disturbing the Facility and that security measures will help prevent such unauthorized activity. Page 3 of 10 g. Necessary non-routine maintenance actions shall be performed in a timely manner so as to ensure continuous performance of the Facility. All non-routine maintenance activities shall be noted in the next yearly report. 4. Right of Inspection by NC DEQ. The City hereby grants NC DEQ the right, privilege and easement over, upon and across the Property lying between any public street or right of way and the Facility for the purpose of inspecting, correcting, repairing, replacing or maintaining the Facility as provided in this Agreement. This right, privilege and easement is appurtenant to and shall run with the Property and Facility. 5. Remedies for Violations of this Agreement. a. If the City shall fail to satisfactorily maintain or repair the Facility as set forth herein, or otherwise violates this Agreement, NC DEQ may order the City to undertake necessary actions to correct such violation. If the City fails to comply with such order within thirty (30) days from the date thereof, NC DEQ, in its sole discretion may enter the Property and perform all necessary work to place the Facility in proper working condition. The full cost of performing the work shall be a lien on the property as provided in G.S. 160A-193. In such event, NC DEQ shall assess against the City all of its related costs and expenses (including but not limited to employee time, material and supplies, vehicle and equipment use, administrative expenses, plus all contract costs, if required for repairs, design or inspection) and the City hereby agrees to timely pay the same. Where the City is the sole owner of the development, if this total amount is not paid in full within three (3) months of the assessment, then each owner of record shall become personally liable for such owner’s proportionate share of the assessment. If the proportionate share of the assessment is not paid in full by each such owner within thirty (30) days following receipt of notice thereof from NC DEQ, then such amount shall be a continuing lien on the property owned by each owner, such owner’s heirs, devisees, personal representatives, successors and/or assigns. b. NC DEQ shall have the right to bring an action against the City and/or each individual owner to recover all sums due, including its expenses, damages and its reasonable attorney fees, seek injunctive and equitable relief, and/or such other and further relief as may be just and appropriate. c. The remedies provided by this paragraph are cumulative and are in addition to any other remedies provided by law. 6. No Waiver of Breach. In the event of a breach of any term of this Agreement, any delay or failure on the part of NC DEQ to exercise any rights, powers, or remedies herein provided shall not be construed as a waiver thereof or acquiescence of such breach or any future breach. 7. Amendments. This Agreement may be amended, revised or modified only by a written document signed by the parties. Page 4 of 10 8. Binding Effect. The conditions and restrictions set forth herein with regard to the Facility shall run with the land and shall bind the City and any subsequent owner(s), its heirs, successors and assigns and all parties claiming by, through, or under them shall be taken to hold, agree, and covenant with NC DEQ, its successors and assigns, and with each of them to conform to, comply with and observe said conditions and restrictions. NC DEQ shall be deemed a beneficiary of the conditions and restrictions set forth herein and such conditions and restrictions shall run with land in favor of NC DEQ. 9. Warranties of Title. The City covenants and warrants that is lawfully seized and possessed of the Facility and real estate described in Appendix A, that it has good right and lawful authority to enter into this Agreement for the purposes herein expressed, and that no consent or waiver by the holder of any mortgage, deed of trust, or other security instrument, or any other person, firm, or corporation is required prior to entering in this Agreement. 10. Interpretation. Use of the masculine gender herein includes the feminine and neuter, and the singular number used herein shall equally include the plural. The captions preceding the various provisions of this Agreement are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of this Agreement. The laws of North Carolina shall govern this agreement. 11. Severability. Invalidation of any one of these covenants or conditions by judgement or order of any court shall in no way affect any of the other provisions, which shall remain in full force and effect. Page 5 of 10 City of Wilson: Title & Organization: Street address: City, state, zip: Contact Phone number(s): Contact Email: Signature: _______________________________________ Date: _______________________ I, ___________________________________, a Notary Public for the State of _____________________ County of ________________________, do hearby certify that _________________________________ personally appeared before me this _______ day of _______________________ and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, _______________________. My commission expires ______________________. Page 6 of 10 NC DEQ: Title & Organization: Street address: City, state, zip: Contact Phone number(s): Contact Email: Signature: _______________________________________ Date: _______________________ I, ___________________________________, a Notary Public for the State of _____________________ County of ________________________, do hearby certify that _________________________________ personally appeared before me this _______ day of _______________________ and acknowledge the due execution of the Operations and Maintenance Agreement. Witness my hand and official seal, _______________________. My commission expires ______________________. Page 7 of 10 Appendix A. Description of the Facility (SCM) and Property Obligated to Maintain Facility Stormwater control measure providing stormwater nutrient removal for the subject Property identified as “Merrimont Park”, is more particularly identified as: Wet Pond (SCM): Stormwater wetland located at Merrimont Park, southwest of the intersection of Buckingham Road NW and Westminster Drive NW in Wilson, North Carolina. All of the Property known as “Merrimont Park” is recorded in Book _________ Page ________ in the Wilson County Registry. Page 8 of 10 Appendix B. Stormwater Wet Pond Maintenance Requirements The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. Important maintenance procedures: - In the event that new plants are installed on the vegetated shelf or perimeter of the basin, the plants should be watered twice weekly if needed, until the plants become established (commonly six weeks). - No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. - Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wet detention basin. - Once a year, a dam safety expert should inspect the embankment if determined to be necessary. After the wet detention pond is established, it shall be inspected monthly and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: Entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the BMP Areas of bare soil and/or erosive gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application. Vegetation is too short or too long. Maintain vegetation at a height of approximately six inches. Forebay Sediment has accumulated to a depth greater than the original design depth for sediment storage. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems. Page 9 of 10 Weeds are present. Remove the weeds, preferably by hand. If a pesticide is used, wipe it on the plants rather than spraying. The inlet device The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site. The pipe is cracked or otherwise damaged. Replace the pipe. Erosion is occurring in the swale. Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. Stone verge is clogged or covered in sediment (if applicable). Remove sediment and replace with clean stone. The vegetated shelf Best professional practices show that pruning is needed to maintain optimal plant health. Prune according to best professional practices. Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary. Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying. The main treatment area Sediment has accumulated to a depth greater than the original design sediment storage depth. Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Algal growth covers over 50% of the area. Consult a professional to remove and control the algal growth. Cattails, phragmites or other invasive plants cover 50% of the basin surface. Remove the plants by wiping them with pesticide (do not spray). Page 10 of 10 Embankment Shrubs have started to grow on the embankment. Remove shrubs immediately. Evidence of muskrat or beaver activity is present. Use traps to remove muskrats and consult a professional to remove beavers. A tree has started to grow on the embankment. If less than 2 ft., remove the tree immediately. If larger, consult a dam safety specialist to remove the tree. An annual inspection by appropriate professional shows that the embankment needs repair. Make all needed repairs. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site. The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage have occurred at the outlet. Contact the local NC Department of Environment and Natural Resources Regional Office.